A police officer assigned to patrol during the G20 told a tribunal he was “fearful” a cyclist who was wearing a bandana and swim goggles around his neck and carrying a backpack had a weapon.

Const. Ryan Simpson is facing one charge of misconduct under the Police Services Act for the alleged unlawful or unnecessary
arrest
of Toronto corporate lawyer Nicholas Wright.

On Monday, in the first G20 tribunal to go to trial since the summit weekend more than three years ago, Simpson took the stand in a hearing room at police headquarters after pleading not guilty to the charge.

In Crawford’s case, Gonet agreed there was not sufficient evidence to prosecute a case against him.

Wright said he filed a complaint with the Office of the Independent Police Review Director after he was arrested on the Sunday of the G20 weekend while riding his bicycle east along Bloor St. near University Ave. — just as a cyclist protest by group Critical Mass was moving through the area.

Wright told the hearing he was stopped by Simpson on the road.

“He said I was under arrest for wearing a disguise,” Wright said.

At the time, Wright was wearing a red hooded shirt, shorts, running shoes, helmet, a scarf and swimming goggles around his neck, and a backpack.

The lawyer said he was frisked, had his bag searched without consent, then was handcuffed behind his back and placed in a police cruiser. Wright was eventually released without charges after 20 minutes.

Wright said the officer was not wearing his name tag, and when he asked for Simpson’s name, the officer allegedly told him it was “Steve Christopher.”

After his testimony, Wright was grilled by Simpson’s prominent defence lawyer, Alan Gold, over not admitting initially that he was wearing goggles.

Gold accused Wright — who said he participated in G20 demonstrations the day before his arrest — of treating the incident as a “badge of honour.”

Wright called those allegations “unfair,” adding he believed his story was one of public interest.

“It’s my view that I didn’t do anything that warranted arrest,” Wright said.

Simpson, who has been on the force since 2004, said witnessing destruction by protesters earlier on the Saturday of the G20 marked the “worst day of my life.”

He said part of his instructions from superior officers on Sunday was to arrest anyone wearing a disguise — such as a gas mask or goggles — or carrying a backpack.

The officer said Wright was never told he was under arrest, but under “investigative detention” for breach of the peace.

Simpson said he felt a “metal canister” he believed could be a weapon inside Wright’s backpack as he dismounted his bicycle. When Simpson asked what was in the bag, he said Wright told him he did not consent to a search.

“I was very fearful of him having some other weapons on him,” Simpson said, adding he patted Wright down before searching his bag. The metal canister turned out to be a water bottle.

The officer admitted during cross-examination by the prosecution — independent litigation lawyer Brendan van Niejenhuis, who was also appointed for the hearing — that someone handcuffed in the back of a police cruiser could reasonably assume he was not free to leave.

Simpson denied giving a false name and said he was wearing his name tag that day.

Outside the hearing Monday, Wright said he believes the Toronto police continue to avoid accountability for alleged G20 offences.

“What was shocking but not surprising today in the officer’s testimony was a statement that his superiors ordered him and his partner and colleagues to arrest people based on what they looked like,” Wright said.

“That’s unlawful, it’s contrary to the Charter, and it’s unacceptable that the officers individually carried it out — but also that their superiors would make that demand.”

Wright also questioned Simpson’s version of events.

“At law, an arrest is when you’re detained by the police and you don’t have freedom to leave,” Wright said. “There’s no doubt that being handcuffed and put in the back of the police car meets that definition of arrest.”

In his systemic review of the G20 policing, OIPRD director Gerry McNeilly condemned the orders officers said they were given by senior commanders to stop anyone wearing a backpack or so-called disguise, saying those orders infringed on basic rights.

There are 31 officers facing Police Act charges — which, if there is a finding of guilt, could result in penalties ranging from docked pay to removal from the force.